#ArunachalDeadlock: Has judiciary been undermined?

political problem in Arunachal Pradesh has ballooned into a constitutional crisis

President Pranab Mukherjee on Tuesday had given his assent to Union Cabinet's decision to impose the President's Rule in Arunachal Pradesh. The six month mandatory period to have an Assembly session in the state had lapsed on January 21.

The political problem in Arunachal Pradesh has not only ballooned into a constitutional crisis but for some it has also become an act of defiance of the Supreme Court.

Some of the observations made by the top judges suggest that a very serious issue is in the making. What questions the imposition of President's Rule in Arunachal Pradesh raise over our political functioning?

Speaking on behalf of the BJP, GVL Narasimha Rao, asserted that President's Rule was imposed in Arunachal Pradesh only after the Guwahati High Court upheld decision of the governor of pre-poning the Assembly session.

"The government could not have watched helplessly. There was a constitutional breakdown," Rao said.

"The Arunachal chief minister was unable to convene the Assembly for six months and when the Governor asked them to take a floor test, they locked up the Assembly.

Congress's CR Kesavan countered the BJP saying, "The action of the Governor has very clearly violated the assurance given to the Supreme Court. They have kept the Supreme Court in the dark and misled it. This crisis is engineered by the governor."

Talking to Karan Thapar on the show To The Point, senior Supreme Court lawyer, Sanjay Hegde underlined that the Supreme Court certainly knows how to enforce what is told to it.

Some big questions:

1. Why did the govt not wait for the Supreme Court's decision?2. Is imposing President's Rule a disrespect of Supreme COurt?3. How will Arunachal deadlock impact budget session?4. Is President's Rule justified in this scenario?5. What is the role of the Governor in Arunachal deadlock?6. Is Congress also to blamed for the crisis?7. Why did the Governor call for President's Rule?8. Are reasons given by Governor justified?9. Does China benefit from the ongoing instability?10. Will state Congress government recover from the setback?

Former Home Secretary GK Pillai added that there were no solid reasons for the government push for President's Rule in Arunachal Pradesh.

Senior Supreme Court lawyer C Aryama Sundaram pointed out that the Assembly session was to be called in January and it was duly notified by the governor.

"But the govenor preponed the Assembly meeting without even consulting the chief minister," Sundaram said.

The Central Government today submitted a reply in the Supreme Court justifying the imposition of President's rule in Arunachal Pradesh.

In its reply, the Centre said that Congress Government in Arunachal Pradesh is in a minority. Arunachal Pradesh Governor JP Rajkhowa had submitted his reply to the apex court on Thursday in which he had claimed that former Chief Minister Nabam Tuki and his ministers had made it impossible for him to discharge his duties.

According to reports, Rajkhowa accused Tuki of communal politics by provoking local tribesmen and funding public protests to seek his ouster. He also alleged that he was abused, threatened and nearly assaulted by some ministers.

Meanwhile, Tuki has filed a fresh petition in the Supreme Court challenging the promulgation.